[No. 284.] AN ACT to establish a department of public works in and for the city of Detroit, and to repeal all acts or parts of acts in conflict therewith. The People of the State of Michigan enact: and superin ent to sub SECTION 1. There shall be a department in the municipal Department government of the city of Detroit to be known as "the depart- tendent, ment of public works" of the city of Detroit, and the responsi- how known. ble head of said department shall be an officer to be known as "superintendent of public works." The person appointed to Superintendsaid office shall qualify by taking and filing with the city clerk scribe oath the oath of office prescribed by the constitution of this State, and file bonds. and he also shall file with said clerk a bond in the penal sum of fifty thousand dollars with surety or sureties to be approved by the city controller conditioned for the faithful performance of the duties of the office. appointment for full term, SEC. 2. Within five days after this act takes effect, a pro- Provisional visional appointment to said office shall be made by the gov- by governor. ernor(a) of this State, and the person so appointed shall hold said office until the third Tuesday of January, nineteen hundred and two, when an appointment to said office shall be made Appointment by the mayor of said city. The person so appointed by the by the mayor. mayor shall hold the office for the then ensuing term of four Term of office. years and until his successor is appointed and qualified. On when mayor the second Tuesday in January, preceding the expiration of to appoint said term of four years, and on the second Tuesday in January, preceding the expiration of each succeeding term of four years, an appointment to said office shall be made by the mayor. Any vacancy occurring in said office, by death, Vacancy, resignation, or otherwise, before the third Tuesday of Jan- how filled. uary, nineteen hundred and two, shall be filled by an appointment by the mayor. The person so appointed shall hold the office for the balance of the provisional term; and any vacancy occurring after said provisional term; shall, also, be filled by an appointment by the mayor. The person so appointed shall hold office for the balance of the regular term of four years. superintend SEC. 3. The common council may by a vote of two-thirds when council of all the members elect remove from office any superin- may remove tendent of public works for corrupt or wilful malfeasance or ent. misfeasance in office, or for wilful neglect of the duties of his office, and in any such case the reason of such removal shall be entered on the records of the common council with the names and votes of the members voting on the question and any person so removed from said office shall not be eligible to reappointment to said office: Provided, however, That no Proviso. (a) Appointing power of governor unconstitutional: et al., 85 N. W. R. 882. Moreland vs. Millen, Offices, books, records, etc., to be sur rendered to superintend ent. In case of refusal to surrender books, etc. Powers, duties, etc., of board of how vested. superintendent of public works shall be removed from office by the common council unless first furnished with a copy of the charges in writing and allowed to be heard in his defense, with the aid of counsel; and for the purpose of determining the truth of any such charges the common council shall have power to issue subpoenas, to compel the attendance of witnesses, and the production of papers when necessary and shall proceed within thirty days after service of a copy of the charges to hear and determine upon the merits of the case. If such officer shall neglect to appear and answer such charges, his failure to do so, without a reasonable excuse therefor, may be deemed good cause for his removal from office. SEC. 4. When a superintendent of public works shall have been appointed and qualified as herein provided, it shall be the duty of the present board of public works of the city of Detroit to surrender to him possession of the offices occupied by said board together with all the books, records, papers, property and money belonging or appertaining to said board of public works and from thenceforth, the custody and possession of the same shall be vested in the superintendent of public works, acting for and on behalf of the city of Detroit. In case the board of public works shall refuse or neglect to surrender such possession on demand, it shall be the duty of the superintendent of public works to apply to any court of competent jurisdiction for a writ of mandamus to compel said board of public works to surrender such possession to him. SEC. 5. From and after the appointment and qualification of a superintendent of public works under this act, all the public works, powers, duties and functions heretofore vested in and exercised by the board of public works, excepting as herein altered or modified, shall be vested in and be exercised and performed by the superintendent of public works and he shall take the place of said board in the municipal government of the city of Detroit. Appointment of secretary, engineer, clerks, etc. How shall hold office. As soon as practicable after the appointment and qualification of a superintendent of public works, under this act it shall be his duty to appoint a secretary of the department of public works and a city engineer and such other subordinate officers, clerks and employes of the department as the common council of the city has heretofore, or may hereafter create and establish by ordinance, resolution or other action of said council. Said secretary and city engineer, and all other officers, clerks and employes of the department, including those now holding office under the board of public works, shall hold office and their employments subject to the pleasure of the superintendent of public works, and vacancies may be filled and new appointments may be made by him whenever, in his judgment, the public service may require it. signed or offices. SEC. 7. The superintendent of public works, the secretary when deemed and city engineer and all officers, clerks and employes of the to have redepartment shall be ineligible, while they hold their re- vacated spective offices or employments, to any office elected by the people, and, if nominated for any such office, and they do not publicly decline the nomination within ten days succeeding the same, they shall be deemed to have resigned and to have vacated their office and they shall not receive any further salary or compensation from the city. council to approve all SEC. 8. The superintendent of public works shall have no Common power to enter into any contract or to incur any indebtedness or liability or to dispose of any property or pay out or dis- contracts, etc. burse any money for and in behalf of the city of Detroit, without the consent and approval of the common council of said city. officers and SEC. 9. The superintendent of public works shall receive Salaries of from the city an annual salary of five thousand dollars. The employes, how paid. secretary of the department shall receive an annual salary of two thousand five hundred dollars, and the city engineer shall receive an annual salary of three thousand dollars, each payable in monthly installments, and the other officers, clerks and employes of the department shall receive such salary or compensation as the common council has prescribed, or may hereafter prescribe; all to be paid on pay rolls submitted to the controller of the city and approved by the common council before payment is made. abolished. SEC. 10. The board of public works of the city of Detroit Board of and the offices of the members of said board are abolished public works from and after the appointment and qualification of the superintendent of public works provided by this act. This act is ordered to take immediate effect. Approved February 15, 1901. [No. 285.] AN ACT to authorize the township of South Arm in Charlevoix county to borrow money to be used in building roads and bridges in said township and to issue bonds therefor and to repeal act number two hundred ninety-one of the local acts of eighteen hundred ninety-five of the State of Michigan. The People of the State of Michigan enact: amount of, SECTION 1. That the township board of the township of May issue South Arm, in Charlevoix county, be and it is hereby author- bonds, ized and empowered to borrow on the faith and credit of said interest, etc. township not to exceed the sum of fifteen thousand dollars, which is to be due and payable within fifteen years from the When bonds to be issued. To submit question to electors. Form of ballot. Votes, how canvassed. Money, how expended. Tax levy for payment of. date of said loan, at a rate of interest not exceeding five per cent. per annum, and to execute coupon bonds of said township therefor in such form as said board shall determine, which bonds shall in no case be disposed of for a less sum than their par value. SEC. 2. Such money shall not be borrowed nor such bonds issued, unless a majority of the qualified electors of said township voting at a special election to be called for the purpose of voting on said loan, shall so determine, and said township board is hereby authorized and empowered to call a special election for the purpose of submitting the question of said loan to the qualified electors of said township, giving due notice thereof, by causing the date, the place of voting and the object of said election to be stated in printed or written notices to be posted in six public places in said town ship, not less than six days before said election, which notices shall state the amount of money proposed to be borrowed. SEC. 3. The vote upon such proposition shall be by ballot, either written or printed, or partly written and partly printed. Ballots in favor of such proposition shall be in the following words: "For issuing township bonds-Yes;" and the ballots against the same shall be in the following words: "For issuing township bonds-No;" and it shall be the duty of said township board to provide at the polls of such election during the whole time while the same shall be open a sufficient number of said ballots both for and against such proposition as shall be necessary to supply all the electors desiring to vote thereon; the election shall be conducted and the votes canvassed in all respects as in any other township election, and immediately upon the conclusion of such canvass, the inspectors of the election shall make and sign a certificate showing the whole number of votes cast upon such proposition, and the number for and against the same respectively, and said inspector shall indorse upon such certificate a declaration in writing of the result of such election, which said certificate and declaration shall then be filed with the clerk of said township, and a copy of said certificate and declaration certified to and by said township clerk shall be filed by him with the county clerk of the said county of Charlevoix. SEC. 4. Any money borrowed under the provisions of this act shall be expended by direction and under the approval of the said township board in building roads and bridges and in improving and repairing the same in said township of South Arm; and in the case of the issue of such bonds, it shall be the duty of the supervisor of said township to assess and the treasurer of said township to collect in each year thereafter, in addition to all other taxes authorized by law to be assessed and collected in said township, an amount sufficient to pay all interest upon such bonds accruing and becoming due and payable thereon and also any installments of the principal thereon falling due in any such year, and the said interest shall be paid by said treasurer after the same shall become due, on presentation to him of the proper coupons, and the said principal shall be payable by said treasurer after the same shall become due, on proper presentation to him of the said bonds. SEC. 5. Act number two hundred and ninety-one of the Act repealed. local acts of eighteen hundred ninety-five of the State of Michigan, being an act to authorize the township of South Arm, in Charlevoix county, Michigan, to borrow money for use in building roads and bridges, and to issue bonds therefor, is hereby repealed. This act is ordered to take immediate effect. [No. 286.] AN ACT to validate the action of the board of supervisors of Bay county in submitting to a vote of the electors of said county the question of issuing the bonds of said county to the amount of one hundred thousand dollars, running thirty years, for the extension of the road system in said county; validating the election held on such proposition, and authorizing the board of supervisors to issue such bonds and to levy taxes for the payment of the same. The People of the State of Michigan enact: board of SECTION 1. That the action of the board of supervisors of Action of Bay county, Michigan, on January nineteen, nineteen hundred, in adopting resolutions and submitting to the electors of said legalized. county, at the regular spring election held in the several townships and in the several wards of the cities in said county, on April second, A. D. nineteen hundred, the question of issuing the bonds of said county to the amount of one hundred thousand dollars, running for the period of thirty years, and bearing interest at a rate not exceeding three and one-half per centum per annum, payable semi-annually, for the purpose of extending the county road system in said county, and the election in said county on said proposition, held pursuant to said resolutions on April second, A. D. nineteen hundred, at which more than a majority of the electors voting on such proposition, voted in favor of the same, be and the same are hereby legalized and validated, and in aecordance with the vote at said election, the board of supervisors of said county is hereby authorized to issue the negotiable coupon bonds of said county to the amount of one hundred thousand dollars, for the purpose of extending the |